Leslie Byrne for Congress « 11216 Waptes Mill Road, Suite *100 TUB " Fairfax, VA 22030
In the Matter oft Robert A. Rosenberg Scientific ApplicatioApplicationns International Corporation (SAIC) || Connolly for Congress
COMPLAINT > S = SS3 1. Leslie Byrne for Congress hereby brings this complaint before the Federal Election Gornpjsslon* g seeking an immediate FEC investigation and enforcement action against Robert Rosenberg, Scientific Applications International Corporation ("SAIC"), Gerry Connolly and Connolly for Congress for direct and serious violations of federal campaignfinanc elaw .
Complainant
2. Leslie Byrne for Congress is the official organization dedicated to electing Leslie L Byrne of Falls Church, Virginia to the United States House of Representatives from the 11* District of Virginia.
3. SAIC is a defense contractor based in San Diego, California and McLean, Virginia. Robert A. Rosenberg Is the former general manager for Washington Operations for SAIC 4. Connolly for Congress Is the official organization dedicated to electing Gerald E. Connolly of Fairfax, Virginia, a vice-president and Director of Community Relations of SAIC, to the United State House of Representatives from the II111 District of Virginia.
Jurisdiction
5. The Commission has the authority to take enforcement action based on a complaint where It finds reason to believe that a person "has committed, or is about to commit, a violation of the law." 2 U.S.C. § 437g(a)(2), 437g(a)(4)(A)(l), 437g(a)(6XA); see also 11 C.F.R. § 111.4
Count I
9. FECA prohibits corporations from making any contribution or expenditure in connection with any federal election. 2 U.S.C. $441b (a), 11 CF.R. §114.2(a)»FEC regulations further prohibit corporations, including officers, directors or other representatives acting as agents of the corporation from facilitating the making of the contributions to federal candidates. 11 CF.R. §114.2(f)(l). Examples include using coercion, such as the threat of detrimental Job action, the threat of any other financial reprisal or the threat of force, to urge any individual to make a contribution or engage In fundraislng activities on behalf of a candidate or political committee. 11 C.F.R. §114.2{f) (2) (IV). Furthermore, federal election regulations render it unlawful for any person soliciting an employee tor a contribution to such a fund to fail to Inform such employee, at the time of such solicitation, of his right to refuse to so contribute without any reprisal. Said notification must be explicit no matter the nature of the request for contributions. 2 U.S.C. §441b (b) (3) (C). Under 11CFR § 114.2(d), a candidate, political committee, or other person Is prohibited from knowingly accepting or receiving any contribution prohibited by 11 CF.R. §114.2.
1 The 5/14/08 e-mail is attached as Exhibit One. 10. A. As • former senior executive of the company who is still employed arid apparently still has management responsibilities, contacting professional relations and making specific reference to the benefits that such donations would have lor SAIC, while carton copying two senior executives hi Amy ChlMers and Jay Kllleen and making specific reference to another senior executive In Roger Jordan, Robert Rosenberg apparently violated 2 US.C §441(b) (a) and) 11 C.F.R.fllL2(a). B. In addition Mr. Rosenberg Instructed those who wrote to that should they have any questions they could contact him or contact SAICs PAC Any reasonable employee would have concluded that Mr. Rosenberg's e-mail was a directive from SAIC to donate to the Connolly for Congress campaign and that It was clearly supported by the SAC PAC. C There was no dear statement that there would be no detrimental action taken against those who chose not to contribute, as required by 2 U.S.C §441b (b) (3) (Q and triggering 11 CF.R. §114 J(f) (2) (IV). In addition, the SAIC employee who hand delivered the emafl to the Byrne campaign was sufficiently frightened of retaliation that the employee refused to leave a name. Clearly this email was not aimed simply at the protected dass and went to people who felt threatened to contribute to Mr. Connolly's campaign. 11. On information and belief, Rosenberg violated these regulations on the urging of and with the cooperation of Connolly for Congress. According to published reports in the Washington Post on May 29,2008 ('E-mail Backing Connolly Raises Questions") ,GeraW Connolly admitted that he was aware of Robert Rosenberg's Intention to organize SAIC employees on behalf of the campaign and accepted donations from SAIC employees at the May 21,2008 fundraiser regardless, In violation of 11CFR § 114.2(d) and • possible violation of 11CFR §ll4(c)(6XII).2 We believe Mr. Connolly's actions must also be Investigated because of his admission that he was aware the Illegal activities were to take place and personally sanctioned these efforts without ensuring compliance with the law.
Count II
12. Federal election regulations allow a corporation to communicate beyond the restricted dass as defined by 11 CFR §114.10) through the distribution of registration and voting communications, official registration and voting information, voting records and voter guides. If they endorse, they may do so through the distribution of printed materials to members of their restricted dass provided that no more than a de mlnimis number of copies of the publication which Includes the endorsement are circulated beyond the restricted class. 11 CFR § 114.4(c)(l-€). 13. On Information and belief, Robert Rosenberg and SAIC disseminated an explicit communication of endorsement beyond those members of the restricted dass In dear violation of 11 CFR § 114.4(cHl-6). Mr. Rosenberg sent out this e-mail to most of Its recipients via blind carton copy. There is reason to suspect that he did so in an effort to avoid the identification of redpfents who
The May 29,2008 Washington Post article Is attached as Exhibit Two. are not members of the restricted dass under 11CFR §114.10) and who he was thus barred from contactingi
WHEREFORE, LesBe Byrne for Congress requests that the Federal Election Commission conduct an Investigation into these alegatloni, dedans the respondents to have violated the federal campaign finance laws, impose sanctions appropriate to these violations and take such further action as may be appropriate, Including dlsgorgement of unlawful contributions to Connolly for Congress as resulted from the May 21,2008 fundraiser. in Bruce Neibon Treasurer, Byrne for Congress •M
Subscribed and sworn to before me this o My commission expires on oc- iry or Other Notary ID ff Person Authorized to Administer Oaths «=f «3 C CO Page lot 2
Sent: Wedneaday,May14,200e4:4fiPM
Cc ChMara, Amy S.; Klein. Jay Subject Gerry Connoly
14 May 2008 Dear Fellow SAIC Teammates: As your former Natkaial Capitol Region (fe^ doing rmeuiaiikyou)JiiuM the rre^ gpqrt ^ImW^i^i •ti^ pjyid •HAi *^ > __ I •h-wntbag'to you, today toeikflBt t you COBBMT MfpovtiBf eie ei ew ewig Gcny CooBNyt • pvet leraeri n hfebld to Qi-epnamrt path SAIC nd the rMJd^rtirfVlnNa^ll^dirtrktiatiMUSHoM^ofRaprfiiiBNHffii. Imiraadiinf outto oo you to teU you man abom Gej^'s canq^gn, to ^ f\i to bnng your ittcntion to m opportunity to he^p Gcny in hii election. Gcny joined in when I wi» your Gcnenl Manager, fin been wifh SAIC fior over nx yean and cuirentlyMrverM the Director of Conimimity ReJatioaa in McLean. TM« !• • ••••r«i n*fc »n^^ y yh^. fci. ««•••!•«•! <•» HM ihhfa* r^^^y ^••^•^y ••dpuUfeiervleeteltaNnllMBnl Capital Bcftom, In addition to huduna tt SAIC, (ferry cunaitiy terra Marinnm of the Fairfax County Bond of Supervison. Virgiriia'tllAduD^ii borne to SAICiMcI^tncamr^ RfliiMcalatrveTomDtvitcpnently •erveiflie district andhai been a good friend to SAIC and our mAuny during bis teonre in tfae US Ccn^ Reptetentative Davis aunoimced bis retnorient earlier tnis year ar^ His oVpartinv create a great void m the US Congreaa aa be was OOP of tbe lew Menibers that icalry understood isaues related to aovBfiiiHBHt coutractujg and fte jtlncaciei often wu^u!*nk JMou^r S^JLmmtm*IIMIIHII/f. ^^m^^^%>enmy v»OBuaoiKj^* ••- -( gora^^m^mn^ blama '•2A0 mm^^^myeanm ^^^^d^^i^B^^lCBBPSBJBMBAH ^•K ^^unwli 1IB^ di^B^ oapiko ^p^ul^^^^^^iJI^U uaMsannuuiupBj ^k 0f1 our
to see MI f IBM our i IliePirciessiond Services Council is boating a fimdraiser far Ocny on Wednesday, May 21 ^ at 7:00 p.m. I tally support this event and hope that you wifl too. Tbe event is being held at 7706 Carton Place in McLean, VA, less flian 10 minutes in SAIC's McLean Towers. A number of our colleagues fin Jaa-Getry as a^iua supported SAIC. The thbevoatli 9250. You IfyouhaveanyqoestionsiegacdmgmyemaUpleBjerep^ or send your query to ttwVPAComal
If you are unable to attend the event on die 21* of May, please coBHlo^supportlB9Gen7sepsuvtelyvyoucmuvlstthlB or
Laitry, please don^farget to vote. JuaelO^ is Beckon ^^ WbeHMryoulrveinthe H*Disuict or elsewhere, please take rbc.oppoi^
S/16/2008 01/21/2007 07:11 FAX 9001
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5/16/2008 Exhibit 2
"•T tD -H M o •00 .weahingtonpottcom E-Mail Backing Connolly Raises Questions Consultant fcr Him Asks to Employees to Donate to Va. Congressional Candidate ByAiuyGarascr WasNiajson tat Staff Writer Thursday. Msy 29, 2001; Ml A serto executive si tteBOveminemMiitracto^ employees to oortrihu^
In m e-mail mis month to "fellow SAIC teammates," Robert A. Rosenberg, a former executive vice praident and general manger for SAICshkxtbemVir^^ "oonsutting employee," urged colleagues to support Connolly in put because of his "in-depth understanding of our industry." ° Connolly, who is chairman of the Fairfax County Board of Supervisors, works part time far SAIC as « vice president tor community relations. 10 SAIC spokeswoman Melissa L Koskovich said Rosenberg sent the e-mail only to executives, administrators, stockholders and their families, as is HI allowed bv Federal Election Oxiimissionresri^ 'VJ fen: compelled to donate because of Rmenbeigfr senior sums. r\j ^ Connolly said he had nothing to do with the soltehirtori, though he knew Rosenberg was plannmg it T Q "I was aware of the bet that he was going to organize something for some SAIC employees who wanted to be supportive," Connolly said. ^ The solicitation falls intoaarav area of campaign finance law, said Allison Havv/ard. a law professor at George Mason University and aforme rFE C lawyer. Corporate contributions are illegal in federal campaigns, as is coercing employees to donate. That doesn't prevent individuals from urging colleagues to support a particular candidate, unless the solicitation appears to be on behalf of the company, she said. Rosenberg's e-mail raises questions because ft was sent to emptoyees wMi whom he has professional relationshn^ Hayward said. It also focuses on Connolly's knowledge of the contracting business and what he could do for SAIC if elected to Congress, she said. "Individuals don't lose their ability to talk to their friends and colleagiies at work,faKliidin gaskin g them to v^ said. "But the more broadly he's soliciting people that nnybe he kiiows only slightly, and if liA clearly iismg a co shows this isnt his personal political activity." Rosenberg could not be reached for comment yesterday. Connolly faces three other Democrats in the llfh Congressional District primary June 10: former congresswoman Leslie L. Byrne, former Navy fighter pilot Douglas J. Denneny and physical therapist Lori P. Alexander. Connolly leads his rivals hi money raised partly because of strong support he has received from the defiwse contracting Rep. Tom Davis (R), who is retiring. Byrne said she intends to file a complaint today with the FEC against SAIC, Rosenberg and Connolly. She also repeated her criticism of Connolly for continuing to be employed by SAIC, a company with business in Iraq, white campaigning against the Iraq war and war profiteering. She said Connolly should return all contributions from SAIC employees. "He1 s continually talked about how he's against the war, and mis conipairy has turned iiitoaji ATM m Connolly said his employment with SAIC is well known in Fairfax, where voters have elected him repeatedly and by wide margins. HealsosaUhebomiderifigkxlgingMFECcon^ with the pro-woman political action committee Emily's List Emily's List mailed an advertisement mis year that the Byrne campaign reviewed and helped fund. This week, ft distributed another ad by mail that called Connolly a "pay-to-ptay" politician who helps business interests who contribute to his campaigns - a phrase mat Byrne often uses on the campaign trail. Under federal election rales, political groups mat make third-party expenditures on behalf of candidates may not coordinate their efforts with campaigns. "There is a lot of evidence that the line has been crossed," Connolly said. Byrne responded: " 'Pay to play1 is not anything that I iMde up or that Emily's List made up. ft ^ Gerry Connolly." View all comments that have been posted about mis article. .Tosta
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